Notes on Federalism and Government Structure in India

Federalism Overview

Definition: Federalism is a system where governmental power is divided between a central authority and its constituent units (e.g., states).
Unitary System Example: Sri Lanka and the UK have a unitary system with one level of government, where any subunits are subordinate to the central government.

Multiple Levels of Government: In federalism, there are two or more tiers of government, each with its own jurisdiction in specific matters of legislation and administration.
Jurisdiction Defined: Jurisdiction refers to legal authority, often defined by geographical area.
Constitutional Guarantees: Each tier of government has constitutional guarantees for its existence and authority.
Amendment Process: Changes to the Constitution require approval from both tiers of government, preventing unilateral changes.
Taxation Powers: Each level can impose taxes and generate revenue, with sources specified.

Independent Judiciary: An independent judiciary is crucial for federalism, acting as an arbitrator in disputes between tiers of government.
Constitutional Interpretation: The judiciary ensures adherence to the Constitution and the powers of different government tiers.

Promote Unity: Aims to maintain national unity while recognizing regional diversity through mutual trust and agreement.
Variability Among Federations: The structure of state governments can vary based on the historical context of the federation's formation.

Coming Together Federations: Independent states unite voluntarily to form a larger unit, retaining their identity (e.g., USA, Switzerland).
Holding Together Federations: Central government is more powerful, states have divided powers (e.g., India, Spain).
- Example: Jammu and Kashmir had special status in India.

Three-Tier System: Comprises the Union government, state governments, and local governments (gram panchayats and municipalities).
Power Sharing: Power distribution varies across states, with Jammu and Kashmir enjoying more autonomy than union territories like Chandigarh.
Legislative Powers: Distributed across three lists:
- Union List: 97 subjects of national importance (e.g., defense, foreign affairs).
- State List: 66 subjects of state importance (e.g., agriculture, police).
- Concurrent List: Subjects of common interest; Union laws take precedence in case of conflict.
Residuary Powers: Union government can legislate on matters not covered by the lists.

Judicial Role: The judiciary resolves disputes and safeguards federalism.
Historical Context: The spirit of freedom, secularism, and diversity fostered federalism's success.
Language Policy:
- Creation of linguistic states after 1956.
- Recognition of 22 scheduled languages in the Constitution.
- English remains an official language due to opposition from non-Hindi speaking states.

Decentralization: Process of redistributing power to local governments.
Constitutional Amendments: Mandate regular elections for local bodies, reservation of seats for marginalized groups, and women.
Local Government Structure:
- Panchayat Raj: Consists of Zilla Parishad, Gram Panchayat, and Gram Sabha.
- Urban Local Government: Comprises municipal committees and corporations, elected by the people.
Participation: Significant representation in local governments, especially of women.

Strengthening Democracy: Despite challenges, local governments and decentralization have enhanced democracy in India.